and externally (towards the outside world). They no longer had to respect the
authority of the Pope and the Emperor above themselves.
In true Eurocentric spirit, the states that emerged from the Westphalian peace
treaties referred to each other as “Christian” states. This indicated that international
law was only binding between themselves. In their colonies, they could behave as
they pleased towards the indigenous population without—in any way—being
restricted by the rules of international law. Slavery, for example, could be lawfully
practiced outside the circle of Western states.
When in the nineteenth century Turkey and Japan were considered suitable to
join the club, the label of the states to which international law applied was changed
to the “civilized” states. In the uncivilized rest of the world, international law
remained inapplicable.
In 1945, at the end of World War II, the label was changed once again. The
Charter of the United Nations provided that states had to be “peace loving” in order
to be admitted as a member of the United Nations. All states that met this—
admittedly rather subjective—standard were considered fit to be admitted to the
United Nations. Since no state was ever expelled from the United Nations for no
longer being peace loving, it implied that international law was henceforth consid-
ered applicable to all states without exception.
11.2.1.2 Sovereignty
Ever since 1648, states have been the world’s dominant legal entities. The number
of states continued to increase as colonies became independent and states split up
into new states (such as the former Soviet Union and the former Socialist Republic
of Yugoslavia).
StatehoodWhen is an entity entitled to call itself a state? This is an important
question because statehood entails important legal consequences. A state is entitled
to conclude treaties with other states, it can become a member of international
organizations, and its sovereignty must be respected. But statehood also entails
duties. A state must refrain from settling international disputes by force, and it must
respect the human rights of persons within its jurisdiction.
There are three generally recognized criteria for statehood: a defined territory, a
permanent population, and a government exercising effective power. Recognition
by other states is not a separate requirement for statehood. A state that fails to be
recognized by other states is still a state.
Palestine, Kosovo and South Sudan are among the world’s newest – although in the case of
Palestine and Kosovo still contested – states.Sovereign EqualityThe most fundamental principle of international law is the
sovereign equality of states. An expression of that sovereign equality is that all
states have one vote at the General Assembly of the United Nations, whether they
are a superpower or a ministate with a few thousand inhabitants, such as the Pacific
island states Nauru and Tuvalu. But there are some exceptions to this general rule,
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